can access be blocked?

[bethb222]

We live in Md on property my in-laws purchased in the early 70's. The property was a hill that they graded and terraced and the house was built into the hill. Concrete pads were poured where the sheds were placed (one which is close to the property line). The 10 acres were subdivided in 96 with the house on "remaining lands" and 4 lots on one side with right way for access onto road. At that time the property transferred to the children with my husband getting a mtg for the remaining lands. The property on the other side of remaining lands is a wooded area at the back end of the neighbor's property. There is an area next to the property line which was cleared and maintained by the family and used as additional access to the upper level and the driveway. My brother-in-law placed a guard shack at the edge of the woods that his daughters played in and I used for our goat during the winter. The neighbor sold the property and the new owner did not block access across the property. After a few years he told me he wanted to remove the shack because it was an eye sore and he offered to make a goat shelter One day he asked about moving the concrete statues to drag it with the tractor across our property around the woods to his field. When we returned home we found he had burned it using gasoline where it was along with a row boat and some tires we had at the edge of the woods. The fire dept arrived to stop the fire (no permit) which had also started to burn a tree. It smoldered for days and we smelled it in the house. Once every few months he would clear some brush or remove some of the stuff we had accumulated over the line. He also removed a stainless steel industrial sink whick was there for so many years it grew into the tree it was leaning against. Once we recieved a letter telling us to stop telling the neighbors they were riding the dirt bikes and walking on our yard (what I said was they were riding out of the woods next to our yard and waking up our infant-who is now 2). I have continued to mow the area from our property line over to the edge of the woods. A few days ago I was bringing home the disabled person who lives with us from the hospital and I was going to drive around that way into our front yard so she would be able to get out right near the door. I found the access blocked. The cinder blocks the guard house used to sit on were placed across the access with a no trespassing sign that warned violaters would be prosecuted. Today he extended the barrier. Is he legally allowed to stop our crossing over the property after all of these years of continuous use and maintenance. Can he legally do anything if I move the blocks and drive down the hill? Can I legally keep access around the edge of the woods?

 

[HomeGuru]

We live in Md on property my in-laws purchased in the early 70's. The property was a hill that they graded and terraced and the house was built into the hill. Concrete pads were poured where the sheds were placed (one which is close to the property line). The 10 acres were subdivided in 96 with the house on "remaining lands" and 4 lots on one side with right way for access onto road. At that time the property transferred to the children with my husband getting a mtg for the remaining lands. The property on the other side of remaining lands is a wooded area at the back end of the neighbor's property. There is an area next to the property line which was cleared and maintained by the family and used as additional access to the upper level and the driveway. My brother-in-law placed a guard shack at the edge of the woods that his daughters played in and I used for our goat during the winter. The neighbor sold the property and the new owner did not block access across the property. After a few years he told me he wanted to remove the shack because it was an eye sore and he offered to make a goat shelter One day he asked about moving the concrete statues to drag it with the tractor across our property around the woods to his field. When we returned home we found he had burned it using gasoline where it was along with a row boat and some tires we had at the edge of the woods. The fire dept arrived to stop the fire (no permit) which had also started to burn a tree. It smoldered for days and we smelled it in the house. Once every few months he would clear some brush or remove some of the stuff we had accumulated over the line. He also removed a stainless steel industrial sink whick was there for so many years it grew into the tree it was leaning against. Once we recieved a letter telling us to stop telling the neighbors they were riding the dirt bikes and walking on our yard (what I said was they were riding out of the woods next to our yard and waking up our infant-who is now 2). I have continued to mow the area from our property line over to the edge of the woods. A few days ago I was bringing home the disabled person who lives with us from the hospital and I was going to drive around that way into our front yard so she would be able to get out right near the door. I found the access blocked. The cinder blocks the guard house used to sit on were placed across the access with a no trespassing sign that warned violaters would be prosecuted. Today he extended the barrier. Is he legally allowed to stop our crossing over the property after all of these years of continuous use and maintenance. Can he legally do anything if I move the blocks and drive down the hill? Can I legally keep access around the edge of the woods?

**A: when you have a current survey and a title report, post back.

 

[bethb222]

I am not questioning the actual property lines. He had more than one survey done so he could subdivide and now the lots and his house are for sale. The lines match the surveys that were done on our property and what is on file with Planning & Zoning. I just need advice about being able to continue to drive down the hill into our yard since it was never a deeded right of way. It was just access that we used for years. The other property owners on our private road are disputing poperty lines so everyone has been getting property surveys and stakes placed. We never said it was our property but we have had use of it for years prior to his purchasing the property and until he decided to place a barrier.

 

[HomeGuru]

I am not questioning the actual property lines. He had more than one survey done so he could subdivide and now the lots and his house are for sale. The lines match the surveys that were done on our property and what is on file with Planning & Zoning. I just need advice about being able to continue to drive down the hill into our yard since it was never a deeded right of way. It was just access that we used for years. The other property owners on our private road are disputing poperty lines so everyone has been getting property surveys and stakes placed. We never said it was our property but we have had use of it for years prior to his purchasing the property and until he decided to place a barrier.

**A: we need to know how many years exactly have you been using the road access?

 

[bethb222]

I have lived here since 1995 (14 years) and my husband and inlaws were using it for years before (If more info is needed I would have to get in touch with some of my husband's relatives.

 

[Kiawah]

You have access to your house, through your own property and the right of way that they other 4 homes use, correct?

 

[bethb222]

Murray Road ends at our property line. There is a 50ft wide strip of our property that extends from the the property line to the top of our hill. On one side of this strip is the property line that extends down past the woods and down the hill to a creek where our properties end. The other side of the strip is the property line where the other 4 properties each adjoin ours (25 each) and they have right of way across the strip to get to Murray Rd. At the end of this 100 ft is where our driveway goes down the hill to the left and then turns right to the house and the front yard. At the point where our drive goes to the left we have also turned to the right along the property line, and crossed over the line following the edge of the woods (where a vehicle can travel) then turned left where the grading allows access and crossed back over the property line and into our front yard and then the vehicle is in front of the house facing so that the passenger door faces the front door (which we were doing since the disabled person in our house could walk in. So it is creating a big circle since we would drive forward onto our driveway. During the summer I ride the lawn tractor around that way to mow the different levels including the ones below the house.

 

[bethb222]

can the neighbor stop me from travelling across this property

 

[Kiawah]

Your property situation is hard to visualize from your post.

But I think this is what you are saying:
- you can get to the Murray road staying on your own property, no part of it is landlocked,
- you like to sometimes drive across his property,
- you have no easement to use his property,
- and you are upset because he his blocking off his property
- your property was subdivided a while ago, and each of those lots each have access to Murray road from your own property easement.

Exactly why is it, that you feel you have the right to drive on your neighbor's property? Not because you 'need' to, because you 'want' to, and have been doing it for a number of years?

 

[bethb222]

No, not because I just "feel like it" but because to access the lower levels of our terraced property to care for it (mow, etc.) we must drive onto his property to go down to next level down and then we have full access to the other levels. Also, because sometimes when we arrive with the disabled household member she is unable to walk distance (and a car may already be parked in the driveway) we drive down the hill across his side and into our front yard which places her on the side closest to the front door. i never claimed to be unable to access Murray Rd without going across his property.
I am just asking about the law since our family has used this property for many years and he seems to be playing petty games since our travelling across the property isn't harming him. (His house is quite far from ours with wooded area between us and he accesses the Murray Rd nowhere near our property). he has stirred up a lot of noise and some arguements and legal battles among the neighbors regarding various property line issues and he just couldn't leave us out. He and his wife run to the county to tell on everyone for possible violations. We have not been aggressive in our actions. We have continued to use the property as an access but not put stuff on the property which the family has done in the past. Our property is an awkward set-up which has confused many. You have to look at the property map to understand because it appears from the way the property was cleared, graded and terraced years ago our property extends farteher on each side including to the edge of the woods. I just wanted to know what the Maryland law was regarding the use and possesion of this area.

 

[bethb222]

well now the neighbor has called the county again on my brother in law for working on placing driveway where it needs to be per our subdivision and my other brother in law for running a business from his garage- something about the environment (he got all necesarry permits to run transmission business). This neighbor just wants to be the neighborhood nemesis.

 

[HomeGuru]

well now the neighbor has called the county again on my brother in law for working on placing driveway where it needs to be per our subdivision and my other brother in law for running a business from his garage- something about the environment (he got all necesarry permits to run transmission business). This neighbor just wants to be the neighborhood nemesis.

**A: have an attorney review all your docs ie. title report, deed, recorded right of way, encroachment agreements, survey etc.